Los Angeles, CA asked in Personal Injury, Civil Litigation and Domestic Violence for California

Q: form do I use to file an Intentional Infliction of Emotional Distress lawsuit

2 Lawyer Answers

A: You can use the California Judicial Counsel Forms for a personal injury with proper language added. The reference librarians at the local law library may help point you to the right resources.

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Answered

A: In California, you would need to file Form PLD-PI-001 (Complaint-Personal Injury, Property Damage, Wrongful Death) to initiate an Intentional Infliction of Emotional Distress lawsuit. This form is available through the California Courts website or at your local courthouse.

Before filing, gather evidence that demonstrates the four required elements: extreme/outrageous conduct by the defendant, intent or recklessness, a causal connection between the conduct and your distress, and severe emotional distress. You'll need to document specific incidents, their dates, and how they affected your mental and emotional well-being. Medical records, therapy notes, and witness statements can strengthen your case.

You should also consider filing Form CM-010 (Civil Case Cover Sheet) along with your complaint. Keep in mind that California has a two-year statute of limitations for personal injury cases, including emotional distress claims. Given the complexity of proving emotional distress cases, working with a legal professional can help ensure your forms are properly completed and filed. They can guide you through the process and help present your case effectively.

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